An Aroland First Nation man will spend six years in jail, a sentence handed down Monday as a result of a 2011 crash that left one person dead and another injured.
Ashley Riel Shabogomik, 32, pleaded guilty in June to dangerous driving cause death, dangerous driving causing bodily harm, leaving the scene of a collision and possession of stolen property over $5,000 after he drove a stolen pickup truck through a stop sign at the corner of Leland and Victoria Avenues on Oct. 2, 2011 and collided with the passenger side of a Cadillac.
Phil Ryan was driving his wife Joyce, 60, to work in the Cadillac that morning around 6:35 a.m.; Joyce Ryan died instantly and Phil Ryan suffered serious injuries, including three cracked back discs, a broken sternum and several broken ribs.
Shabogomik was arrested a year later and found guilty at the Thunder Bay Courthouse Monday morning; he was sentenced to six years incarceration minus 585 days served pre-sentence.
He is also prohibited from driving motor vehicle for 10 years and prohibited from owning a weapon for 10 years.
Shabogomik has never had a driver’s license and the court heard through the agreed statement of facts the crash recovery data shows the truck was travelling about 75 kilometres per hour when it struck the Ryans’ car. The speed limit in that area is 50 kilometres per hour.
Shabogomik stole the truck in the early hours of Oct. 2. He showed the key off to an acquaintance at the Odd Fellows Hall on May Street and the acquaintance testified he injected Shabogomik with morphine that the accused had on him. Shabogomik left and then returned around 7 a.m. to 8 a.m. and said he had gotten into an accident with an older woman who was not moving.
A witness that lived near the crash scene said he was awakened the morning of Oct. 2, 2011 to a loud bang. He saw a truck lodged in the hedges of his lawn and saw a male leaving the scene.
Phil Ryan’s daughter and Joyce’s step-daughter Judy Szabo said the family has mixed feelings about the sentence.
“We’re happy it’s over. This chapter needed to finish so that we could move on,” she told reporters Monday morning.
“I’m not sure we’re happy with the outcome. Six years minus 585 days doesn’t seem justified. We’re never getting Joyce back. We’ve learned a really interesting lesson through this whole process. Court proceedings are never for the victim; turns out it’s for the criminals. Joyce, I don’t think her life was worth six years,” said Szabo.
Crown attorney Shari Frenette read Phil Ryan’s victim impact statement to the court and through the letter he said he had been driving his wife of 38 years to work when everything changed in an instant.
“One big bang and everything went blank,” the letter read.
“I not only lost my wife, I lost my best friend and never had the chance to hug or kiss her goodbye,” he wrote.
The Crown and Shabogomik’s lawyer Kate Brindley made a joint sentence submission, which was accepted by the judge.
Brindley said her client was raised primarily by his grandparents and had an upbringing fraught with substance abuse; he has mental health issues, including anxiety and depression and is dealing with his own addiction.
Shabogomik does have a criminal record, mostly for property crimes and breaches of court orders.
“It’s not a violent record,” said Brindley.
She also read a letter of apology from Shabogomik to the Ryan family that stated her client took responsibility for his actions that led to the death of Joyce Ryan and he was sorry for taking away something that meant everything to Phil Ryan.
He wrote his apology comes straight from his heart and it was the biggest mistake of his life and it made him sick to his stomach.
“It’s something I must live with,” wrote Shabogomik.
He also wrote he wants to seek serious help for his issues and he asked for Ryans’ forgiveness, even if it takes years.
Szabo said she hopes Shabogomik meant what he wrote.
“I really, really do. If everything he said in there was true, I guess we’ll see in the future with his actions when he’s released,” she said.
Szabo also wanted to express thanks to the community for the support the family has received since Joyce’s death.
“It’s been fantastic. The last three years have been really hard and it’s helped feeling the emotions from the city. I really appreciate that. My dad does, too,” she said.
“Now I’d like everybody to move on with us.”
